No 54

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 5 MAY 2005

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon R B Such) took the Chair and read prayers.

 

2       Glenelg River Shack Owners - Motion re

Mr Williams, pursuant to notice, moved - That this House notes the concerns of the Glenelg River shack owners.

         Debate ensued.

 

The Minister for Environment and Conservation (Hon J D Hill), moved to amend the motion by adding the words “and notes that the former Liberal Government consistently opposed the free holding of their shacks”.

Debate resumed.

Question – That the amendment be agreed to – put and passed.

 

Mrs Redmond moved to amend the amendment by adding the words “ and further notes that the current Government in its 3 years in office has failed to take any action to address those concerns”.

Question – That the amendment to the amendment be agreed to – put.

 

         House divided (No 1):

 

           Ayes, 19

 

           Noes, 23

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Ms Chapman

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Hon P F Conlon

Hon G M Gunn

Mrs Geraghty

Mrs Hall

Mr Hanna

Mr Hamilton-Smith

Hon S W Key

Hon R G Kerin

Mr Koutsantonis

Hon D C Kotz

Hon J D Lomax-Smith

Mr Lewis

Hon K A  Maywald

Hon W A Matthew

Hon R J McEwen

Dr McFetridge

Mr O'Brien

Mr Meier

Ms Rankine

Mrs Penfold

Hon M D Rann

Mr Venning

Mr Rau

Mr Williams

Mr Snelling

Mrs Redmond (Teller)

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright

 

Hon J D Hill (Teller)

 

         So it passed in the negative.

 

 

Question – That the amendment be agreed to – put and passed.

Question – That the motion as amended be agreed to – put and passed.

 

3       Regional Transport Plan - Motion re

Mr Venning, pursuant to notice, moved - That this House condemns the Government for its failure to produce a transport plan for regional South Australia, and in particular its failure to –

(a)           facilitate the standardisation of the South East rail network; and

(b)           have adequate road infrastructure to accommodate the needs of the South East timber industry.

         Debate ensued.

         Question put.

 

         House divided (No 2):

 

           Ayes, 18

 

           Noes, 23

Mr Brokenshire

Hon M J Atkinson

Hon D C Brown

Ms Bedford

Ms Chapman

Ms Breuer

Hon I F Evans

Mr Caica

Mr Goldsworthy

Ms Ciccarello

Hon G M Gunn

Hon P F Conlon

Mrs Hall

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon R G Kerin

Hon J D Hill

Hon D C Kotz

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Dr McFetridge

Hon J D Lomax-Smith

Mr Meier

Hon K A  Maywald

Mrs Penfold

Hon R J McEwen

Mrs Redmond

Ms Rankine

Mr Scalzi

Hon M D Rann

Mr Williams

Mr Rau

Mr Venning (Teller)

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright

 

Mr O'Brien (Teller)

 

         So it passed in the negative.

 

4       Country Areas Health Funding - Motion re

Hon D C Brown, pursuant to notice, moved - That this House condemns the Government for the continued under funding of health services in country areas.

The Minister for Health (Hon L Stevens), moved to amend the motion by deleting all the words after “House” and inserting in lieu thereof “congratulates the Rann Labor Government for it’s commitment to improving health services in country areas by increasing funding to record levels since coming to government.  In particular, the House notes that during the 2004/05 financial year country health services were allocated $309m compared to just $273m for 2001/02 under the previous government.  The House also notes that in the 2004/05 mid year budget review country funding received a further $71.5m over four years as well as an additional $5.4 million for minor works and equipment in South Australian country hospitals.

 

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It being 1.00 pm, the debate was adjourned (Minister for Health, by leave) and made an Order of the Day for Thursday 26 May.

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5        Death of Hon David McKee

The Premier (Hon M D Rann), by leave, moved - That the House of Assembly expresses its deep regret at the death of Hon David McKee, former Minister of the Crown and Member of the House of Assembly and places on record its appreciation of his long and meritorious service; and as a mark of respect to his memory, the sitting of the House be suspended until the ringing of the bells.

And being supported by the Leader of the Opposition (Hon R G Kerin), Minister for Environment and Conservation (Hon J D Hill), Hon D C Brown, Minister for Employment, Training and Further Education (Hon S W Key), Hon G M Gunn, Minister for Administrative Services (Hon M J Wright), Mr Venning and the Speaker:

Motion carried in silence; Members rising in their places.

 

6       Suspension and resumption

At 2.30 pm the sitting of the House was suspended.

At 2.36 pm the Deputy Speaker resumed the Chair.

 

7       Petitions Nos 70 and 71

         The Clerk announced that the following Members had lodged Petitions for presentation:

 

70   Mr Meier, from 16 008 residents of South Australia, requesting the House to urge the Government to ban the use of commercial fishing nets within the Gulf of St. Vincent.

 

71   Mr Hanna, from 1101 residents of South Australia, requesting the House to amend the Liquor Licensing Act 1997 to allow sealed alcoholic drinks to be sold in food shops such as supermarkets and delicatessens.

 

8       Paper

         The following Paper was tabled:

 

By the Minister for Education and Children’s Services (Hon J D Lomax-Smith) –

            Education and Children's Services, Department of - Report 2004.

 

9       Questions

Questions without notice were asked.

 

10      Next day of sitting

Ordered, on motion of the Minister for Infrastructure (Hon P F Conlon), that the House at its rising adjourn until Monday 23 May at 2.00 pm.

 

11      Grievance debate

On motion of the Speaker, the House noted grievances.

 

12      Ambulance Services (SA Ambulance Service Inc) Amendment Bill

The Minister for Health, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Ambulance Services Act 1992.

Question put and passed.

         Bill presented and read a first time.

 

         The Minister moved - That this Bill be now read a second time.

         Ordered, on motion of Hon D C Brown, that the debate be adjourned until Monday 23 May.

 

13      Messages from the Legislative Council

         The following Messages from the Legislative Council were received and read:

 

         Partnership (Venture Capital Funds) Amendment Bill                            Message No 48

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Partnership Act 1891; and to make a related amendment to the Business Names Act 1996, without amendment.

         Legislative Council, 4 May 2005                                                     R R Roberts, PRESIDENT

 

         Environment Protection (Miscellaneous) Amendment Bill                      Message No 49

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act amend the Environment Protection Act 1993, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 4 May 2005                                                     R R Roberts, PRESIDENT

 

Schedule of amendments from the Legislative Council

 

Amendment No 1

Clause 5, page 5, after line 19—

Insert:

(6a)    Section 3(1)—after the definition of the prescribed national scheme laws insert:

prescribed person means—

  (a)     a natural person; or

  (b)     a body corporate that is not the holder of an environmental authorisation under this Act; or

  (c)     if the regulations specify a scheme under which the holder of an environmental authorisation may apply to the Authority to be accredited as an accredited licensee in respect of a particular prescribed activity of environmental significance—a body corporate that is an accredited licensee under such a scheme.

 

Amendment No 2

Clause 17, page 8, lines 26 to 30 inclusive—

Delete subsection (1) and substitute:

  (1)     An administering agency, other than the Authority, may, by instrument executed by the administering agency, delegate a function conferred on the administering agency under this Division to—

  (a)     a committee of the administering agency; or

  (b)     a subsidiary of the administering agency; or

  (c)     an employee of the administering agency; or

  (d)     the employee of the administering agency for the time being occupying a particular office or position; or

  (e)     an authorised officer.

 

Amendment No 3

Clause 39—

Delete the clause and substitute:

39—Amendment of section 82—Causing environmental nuisance

  (1)     Section 82—delete the penalty provision and substitute:

Penalty:

If the offender is a body corporate—Division 1 fine.

If the offender is a natural person—Division 3 fine.

  (2)     Section 82—after its present contents as amended by this section (now to be designated as subsection (1)) insert:

  (2)     A person who by polluting the environment causes an environmental nuisance is guilty of an offence.

Penalty:

If the offender is a body corporate—Division 4 fine.

If the offender is a natural person—Division 6 fine.

Expiation fee: Division 6 fee.

 

Amendment No 4

Clause 43, page 19, after line 3—

Insert:

(4a)    Section 87(3)—after "inspect" insert:

, or to seize,

 

Amendment No 5

Clause 45, page 19, line 25—

Delete "natural" and substitute:

prescribed

 

Amendment No 6

Clause 46, page 21, line 20—

Delete "natural" and substitute:

prescribed

 

Amendment No 7

Clause 47, page 22, line 34—

Delete "natural" and substitute:

prescribed

 

Amendment No 8

Clause 48, page 23, after line 37—

Insert:

(8a)    Section 94—after subsection (4) insert:

(4a)    If an environment protection order is registered under this section in relation to land, the Authority must, as soon as reasonably practicable, notify, in writing, each owner of the land and the occupier of the land of the registration and of the obligations of owners and occupiers under subsection (4).

(4b)    A notice to be given to the occupier of land under subsection (4a) may be given by addressing it to the "occupier" and posting it to, or leaving it at, the land.

 

Amendment No 9

Clause 52—

Delete this clause and substitute:

52—Amendment of section 98—Admissibility in evidence of information

Section 98(2)—after "compliance by a" insert:

prescribed

 

Amendment No 10

Clause 53, page 27, line 25—

Delete "natural" and substitute:

prescribed

 

Amendment No 11

Clause 54, page 27, after line 35—

Insert:

  (2)     Section 101—after subsection (5) insert:

(5a)    If a clean-up order is registered under this section in relation to land, the Authority must, as soon as reasonably practicable, notify, in writing, each owner of the land and the occupier of the land of the registration and of the obligations of owners and occupiers under subsection (5).

(5b)    A notice to be given to the occupier of land under subsection (5a) may be given by addressing it to the "occupier" and posting it to, or leaving it at, the land.

 

Amendment No 12

New clause, after clause 60—

Insert:

60A—Amendment of section 108—Powers of Court on determination of appeals

Section 108—after its present contents (now to be designated as subsection (1)) insert:

  (2)     However, no order for costs is to be made unless the Court considers such an order to be necessary in the interests of justice.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the amendments be an Order of the Day for Monday 23 May.

 

 

 

14      Postponement of business

Ordered, severely - That Orders of the Day: Government Business Nos 1 to 6 be postponed and taken into consideration after Order of the Day: Government Business No 7.

 

15      Statutes Amendment and Repeal (Aggravated Offences) Bill

Order of the Day read for the consideration of the amendments of the Legislative Council in this Bill.

 

In Committee

The Attorney-General (Hon M J Atkinson), moved – That Amendment Nos 1 to 4 and 6 to 10 be agreed to and Amendment No 5 be disagreed to.

 

         To report progress and ask leave to sit again.

 

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         The House having resumed:

Mr Snelling reported that the Committee had considered the amendments referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

16      Extension of time for adjournment

Ordered, on motion of the Minister for Infrastructure (Hon P F Conlon), that the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

17      Adjournment

House adjourned at 5.02 pm until Monday 23 May at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 26 May 2005

 

Notices of Motions: Other Motions -

 

Mrs Hall to move – That this House

(a)           censures the Member for Giles for her offensive behaviour and gratuitous remarks made about Ms Tina Waklelin, the Liberal Party candidate for the seat of Giles, describing her as a recycled wife of a politician;

(b)           calls on the  Member for Giles to unreservedly apoligise to Ms Waklelin; and

(c)           calls on the this House to reaffirm its bipartism support for equal opportunity for women by encouraging them in their endeavours to be elected to the State and Federal Parliaments.

 

Hon W A Matthew to move – That this House congratulates

(a)           the former Liberal Government for its foresight to enable exploration for hot rocks to be utilised for the production of geothermal energy;

(b)           Geodynamics on its recent success with its testing program in the Cooper Basin near Innaminka; and

(c)           Santos and Origin Energy for agreeing to purchase the electricity that will be generated from this energy source.

 

 

 

 

 

 

            For Thursday 2 June 2005

 

 

Notices of Motions: Other Motions -

 

Hon I F Evans to move – That this House notes the request from the reports and recommendations of the Commonwealth Parliamentary Association study group on the role of parliamentarians in combating the HIV/Aids pandemic.

 

Mr Hamilton-Smith to move – That this House –

(a)           congratulates the Return Soldiers League and the Association of the 9th Battalion Royal Australian Regiment for the successful Spirit of Gallipoli initiative; and

(b)           commends the History Trust of South Australia and the Migration Museum for their contribution to the event.

 

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Present during the day - All Members except the Deputy Premier (Hon K O Foley), Hon P L White, Hon M R Buckby.

 

         The following Pairs were handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes - Hon M R Buckby, Mr Scalzi.

               Noes – The Deputy Premier (Hon K O Foley), Hon P L White.

 

         Division No 2 -

               Ayes - Hon M R Buckby, Mr Brindal.

               Noes – The Deputy Premier (Hon K O Foley), Hon P L White.

 

 

 

 

 

 

 

 

 

                                                                                                                        Hon R B Such

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY